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insightOn January 6, 2020 the Bureau of Industry and Security (“BIS”) within the Commerce Department adopted export licensing requirements on certain artificial intelligence software used to automate the analysis of geospatial imaging. Under the new controls an export license will be required for the export and reexport of the controlled software to all countries except Canada, effective immediately.
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insightThe State Department has adopted an important new ITAR amendment confirming that if controlled technical data is encrypted using end-to-end encryption, the transfer of such data outside the U.S. is not considered an export and does not require an export license if it meets the requirements under the amendment. This provides great flexibility and regulatory relief for companies in managing ITAR-controlled technical data on a worldwide basis, including in a foreign cloud environment.
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insightAccording to published reports, federal, state and local government agencies are receiving anonymized geolocation data (geolocation data) from businesses to monitor the movements of individuals to address COVID-19.
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insightIn Futuri Real Estate, Inc. v. Atlantic Trustee Servs., LLC, borrowers Milton and Armida Cortez (the “Borrowers”) obtained three loans secured by separate deeds of trust on their residence: (A) a $415,000 deed of trust in favor of Wells Fargo Bank, N.A. (the “first Wells Fargo lien”); (B) a $220,000 deed of trust in favor of SunTrust Bank (the “SunTrust lien”); and (C) a $252,007.33 deed of trust in favor of Wells Fargo (the “second Wells Fargo lien”).
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insightIn a consumer class action pending in California, the Ninth Circuit recently vacated a discovery order that would have forced Williams-Sonoma—prior to class certification—to identify all of its California customers who had purchased specific bedding products since January 2012.[1]
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insightYou are the general counsel or CEO of your company. Your compliance manager comes into your office and tells you that he/she may have discovered an export violation within the company.
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insightThis article originally appeared in the Journal of Civil Litigation, Vol. 29, No. 1 (Spring 2017), a publication of the Virginia Association of Defense Attorneys. It appears here with permission.
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insightThe U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. However there is another important area of regulation that applies to the firearms industry as well – the International Traffic In Arms Regulations (“ITAR”). ITAR are the State Department controls that regulate defense products and services. Companies regulated under ITAR are subject to a number of requirements including registration, licensing, restrictions on transferring controlled technical data and performing defense services, among others. Following recent amendments, a second set of regulations - the Export Administration Regulations (“EAR”) - impose related requirements and must be considered alongside ITAR. Contrary to popular belief, these apply beyond export transactions to many domestic activities of U.S. firms, as well as many foreign firms that have contacts with the U.S.
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insightThe Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement.
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insightOn April 4, 2017, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin), sitting en banc, handed down what is being called a monumental decision in the development of legal protections for the LGBTQ community. For the first time, a Federal appellate court has ruled unequivocally that discrimination against an employee based on his or her sexual orientation is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.